{
  "docket": "R-1835",
  "rin": "7100-AG78",
  "checked": "2026-09-05",
  "source": "https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20260707a1.pdf",
  "edition": "July 7 agency-release PDF; numbered pages cited, not final-rule text",
  "scope": "Targeted reading of proposed operative text and selected explanatory passages; not a complete legal review or filing recommendation.",
  "clauses": [
    {
      "topic": "Risk assessment",
      "location": "§208.63(c)(1), pp. 74–75",
      "summary": "Document risks, incorporate national priorities as appropriate, update promptly after significant changes, and focus resources on higher risks.",
      "review_question": "What records would show that resources follow the documented risk?"
    },
    {
      "topic": "Program controls",
      "location": "§208.63(c)(2)–(4), p. 75",
      "summary": "Provide independent testing, a U.S.-located responsible individual and ongoing training.",
      "review_question": "How would testing detect a gap between a written control and actual practice?"
    },
    {
      "topic": "Written approval",
      "location": "§208.63(e), pp. 75–76",
      "summary": "Require a written program approved by the board, an equivalent body or appropriate senior management.",
      "review_question": "Which approval record identifies the person responsible?"
    },
    {
      "topic": "Implementation threshold",
      "location": "§208.63(g)(1), p. 76",
      "summary": "For properly established programs, limit specified program-related actions to significant or systemic implementation failures.",
      "review_question": "What evidence distinguishes an isolated lapse from a systemic failure?"
    },
    {
      "topic": "Preserved enforcement",
      "location": "§208.63(g)(2)–(3), p. 76",
      "summary": "Preserve actions for establishment failures and leave criminal enforcement unaffected.",
      "review_question": "Which authority covers the conduct under review?"
    }
  ],
  "discrepancy": "The inconsistency also appears in the official July 9 notice: question 23 at page 42376 says the consultation and information-sharing provisions are absent; the alternatives discussion at page 42379 says consultation provisions are included. Proposed section 208.63 at pages 42381–42382 has no separate consultation requirement. Agency clarification remains unresolved.",
  "published_source": "https://www.govinfo.gov/content/pkg/FR-2026-07-09/pdf/2026-13919.pdf",
  "published_citation": "91 FR 42363, July 9, 2026",
  "published_comparison": "Consultation discrepancy confirmed in published notice; operative text inspected through section (h).",
  "status": "MONITOR; no comment submitted.",
  "current_rule_comparison": {
    "source": "https://www.ecfr.gov/current/title-12/chapter-II/subchapter-A/part-208/subpart-F/section-208.63",
    "source_currency": "eCFR displayed Title 12 current through September 3, 2026; read September 5",
    "scope": "Four comparisons of section text, not all BSA statutes, guidance, related agency rules or current enforcement constraints.",
    "rows": [
      {
        "topic": "Program controls",
        "current": "Current §208.63(c) requires controls, independent testing, responsible personnel and training.",
        "proposed": "Proposed (c) adds express risk-assessment detail and a U.S.-located responsible individual.",
        "citizen_question": "Which changes improve detection, and what implementation evidence would show that?"
      },
      {
        "topic": "Approval",
        "current": "Current (b)(1) requires a written program, board approval and a minute entry.",
        "proposed": "Proposed (e) permits board, equivalent-body or appropriate senior-management approval; it does not repeat the minute-entry requirement.",
        "citizen_question": "How will approval, responsibility and later changes remain reconstructable?"
      },
      {
        "topic": "Implementation and enforcement",
        "current": "The current section has no equivalent to proposed (g). That does not mean enforcement lacks other legal limits.",
        "proposed": "Proposed (g) limits specified actions for properly established programs, with significant/systemic implementation failures excepted; establishment and criminal enforcement are preserved.",
        "citizen_question": "How will repeated smaller failures be assessed, documented and remedied?"
      },
      {
        "topic": "Customer identification",
        "current": "Current (b)(2) requires a customer-identification program and uses older Treasury cross-references.",
        "proposed": "Proposed (f) cites 31 CFR 1020.220.",
        "citizen_question": "Check related Treasury rules before describing this cross-reference change as a new duty."
      }
    ]
  }
}